Photo: kartinki.pics
The Indian government has refused to criminalise marital rape, saying that such a move is “too harsh” and “disproportionate”. This was the first official announcement by the government to defend the current law, which excludes criminal liability for sexual violence in marriage. This was reported by the Inkorr portal.
Although the government acknowledged that a husband has no right to force his wife to have sexual intercourse without her consent, it called the criminalisation of such acts an excessive measure. Government representatives believe that the introduction of this offence into criminal law could have undesirable consequences and lead to abuse of the law.
Marital rape: a controversial issue in world practice
India remains one of the few countries that continue to defend the marital rape exception, joining countries such as Pakistan, Afghanistan and Saudi Arabia. Today, more than three dozen states have similar legislation that excludes sexual offences within the marriage union.
Arguments of activists and opponents
Women’s rights organisations and activists have been vocal in their opposition to such legislative protection, arguing that coercion to have sex is a form of rape, regardless of the relationship between the participants. They insist that lack of consent is a key element and should be criminalised even in marriage.
However, the Indian government, religious groups, and men’s rights activists have stood firm in their position, arguing that consent to sexual relations is “presumed” in marriage and that a woman cannot withdraw it after marriage. The issue is deeply divisive in a society where traditional views clash with modern concepts of human rights.
Protests in Iraq: a controversial bill
At the same time, mass protests are gaining momentum in Iraq over the proposal of a bill that would allow marriages with girls as young as nine years old. Activists called it “legalising child rape”. Despite the fact that current Iraqi law prohibits marriages before the age of 18, statistics show that 28% of Iraqi girls are married before the age of majority. Opponents of the draft law insist that its adoption will jeopardise children’s rights and legalise forced child marriage.
